Decision 1534E – Colton Joint Unified School District * * * OVERRULED IN PART by Culver City Employees Association v. City of Culver City (2020) PERB Decision No. 2731-M

LA-CE-4411-E

Decision Date: June 23, 2003

Decision Type: PERB Decision

OVERRULED IN PART by Culver City Employees Association v. City of Culver City (2020) PERB Decision No. 2731-M

Description: The Board dismissed the unfair practice charge, which alleged the District discriminated against employee for protected activity.

Disposition: Dismissed. No nexus established between protected activity and adverse action where alleged adverse action occurred prior in time to protected activity.

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Perc Vol: 27
Perc Index: 94

Decision Headnotes

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case

* * * OVERRULED IN PART ON OTHER GROUNDS by City of Culver City (2020) PERB Decision No. 2731-M. * * *

The meet and confer obligation is dormant while parties are participating in the impasse procedures.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.01000 – In General

* * * OVERRULED IN PART by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held that a contractual waiver expires with the contract unless the parties have clearly and unmistakably agreed that it continues past the contract expiration. * * *

No unilateral change where employer actions are consistent with a previously unenforced provision of the collective bargaining agreement.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

* * * OVERRULED IN PART ON OTHER GROUNDS by City of Culver City (2020) PERB Decision No. 2731-M. * * *

Charging party failed to establish nexus between protected activity and adverse action where alleged adverse action occurred prior in time to protected activity.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

* * * OVERRULED IN PART by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held that a contractual waiver expires with the contract unless the parties have clearly and unmistakably agreed that it continues past the contract expiration. * * *

No unilateral change where employer actions are consistent with a previously unenforced provision of the collective bargaining agreement.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

* * * OVERRULED IN PART by City of Culver City (2020) PERB Decision No. 2731-M, where the Board held that a contractual waiver expires with the contract unless the parties have clearly and unmistakably agreed that it continues past the contract expiration. * * *

No unilateral change where employer actions are consistent with a previously unenforced provision of the collective bargaining agreement.